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2013_1209_packet
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12/5/2013 1:44:52 PM
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12/5/2013 12:53:28 PM
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Attachment A <br />Revised 12/4/13 <br />Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act <br />of 1964, and the Americans with Disabilities Act of 1990. <br />13. Assignment. The Consultant shall not assign this Agreement, nor its rights and /or <br />obligations hereunder, without the prior written consent of the City. <br />14. Services Not Provided For. No claim for services furnished by the Consultant not <br />specifically provided for herein shall be paid by the City. <br />15. Compliance with Laws and Regulations. The Consultant shall abide with all federal, <br />state and local laws, statutes, ordinances, rules and regulations in the performance of the <br />Work. The Consultant and City, together with their respective agents and employees, <br />agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes <br />Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any <br />violation by the Consultant of statutes, ordinances, rules and regulations pertaining to the <br />Work to be performed shall constitute a material breach of this Agreement and entitle the <br />City to immediately terminate this Agreement. <br />16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall <br />not affect, in any respect, the validity of the remainder of this Agreement. <br />17. Indemnification. The Consultant agrees to defend, indemnify and hold the City, its <br />Council, officers, agents and employees harmless from any liability, claims, damages, <br />costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or <br />indirectly from a negligent act or omission (including without limitation professional <br />errors or omissions) of the Consultant, its agents, employees, and /or subcontractors <br />pertaining to the performance of the Work provided pursuant to this Agreement and <br />against all losses by reason of the failure of said Consultant to fully perform, in any <br />respect, all of the Consultant's obligations under this Agreement. <br />18. Insurance. <br />A. General Liability. Prior to starting the Work, the Consultant shall procure, maintain <br />and pay for such insurance as will protect against claims for bodily injury or death, <br />and for damage to property, including loss of use, which may arise out of operations <br />by the Consultant or by any subcontractor of the Consultant, or by anyone employed <br />by any of them, or by anyone for whose acts any of them may be liable. Such <br />insurance shall include, but not be limited to, minimum coverages and limits of <br />liability specified in this Provision 18 or required by law. Except as otherwise stated <br />below, the policies shall name the City as an additional insured for the Work provided <br />under this Agreement and shall provide that the Consultant's coverage shall be <br />primary and noncontributory in the event of a loss. <br />B. The Consultant shall procure and maintain the following minimum insurance <br />coverages and limits of liability with respect to the Work: <br />
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